United States Second Circuit

Below-Guidelines sentence for guilty plea to an information charging him with one count of possession of child pornography under 18 U.S.C. section 2252A(a)(5)(B) is vacated and remanded for resentencing where although defendant's specific use of file sharing warranted this enhancement, the District Court erred in calculating the Guidelines sentence by failing to recognize that, under U.S.S.G. section 5G1.1(a), where the statutory maximum falls below what would be the Guidelines range, the statutory maximum becomes the Guidelines sentence.

Appellate Information

• Published 2016/10/06

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel